Supreme Court of the United States · Official docket →
Jane Doe 1, et al. v. Kentucky, ex rel. Russell Coleman, Attorney General of Kentucky
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 23-5609 · judgment September 28, 2023
Before the decision, about 2.1× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, counsel who has won certiorari before, and a Sixth Circuit decision below, and down for a state or local-government respondent.
Questions presented
In 2023, the Kentucky Legislature enacted a blanket ban on the use of certain medical treatments for transgender minors. The ban applies when the treatments are used “for the purpose of attempting to alter the appearance of, or to validate a minor’s perception of, the minor’s sex, if that appearance or perception is inconsistent with the minor’s sex.” Ky. Rev. Stat. § 311.372(2) (the “Treatment Ban”). A federal district court preliminarily enjoined the Treatment Ban, but the Sixth Circuit reversed the injunction, upholding the Treatment Ban under rational basis review. The questions presented are:
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Whether, under the Due Process Clause, the Treatment Ban should be subjected to heightened scrutiny because it burdens parents’ right to direct the medical treatment of their children.
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Whether, under the Equal Protection Clause, the Treatment Ban should be subjected to heightened scrutiny because it classifies on the basis of sex and transgender status.
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Whether Petitioners are likely to show that the Treatment Ban does not satisfy heightened scrutiny.
Counsel of record
For petitioner
Adam G. Unikowsky
Jenner & Block LLP
For respondent
Matthew Franklin Kuhn
Office of Attorney General of Kentucky
Proceedings
- Jun 30 2025Petition DENIED.
- Jun 23 2025DISTRIBUTED for Conference of 6/26/2025.
- Jun 17 2024DISTRIBUTED for Conference of 6/20/2024.
- Jun 10 2024DISTRIBUTED for Conference of 6/13/2024.
- Jun 03 2024DISTRIBUTED for Conference of 6/6/2024.
- May 28 2024DISTRIBUTED for Conference of 5/30/2024.
- May 20 2024DISTRIBUTED for Conference of 5/23/2024.
- May 13 2024DISTRIBUTED for Conference of 5/16/2024.
- May 08 2024Rescheduled.
- May 06 2024DISTRIBUTED for Conference of 5/9/2024.
- Apr 25 2024Rescheduled.
- Apr 22 2024DISTRIBUTED for Conference of 4/26/2024.
- Apr 18 2024Rescheduled.
- Apr 15 2024DISTRIBUTED for Conference of 4/19/2024.
- Apr 11 2024Rescheduled.
- Apr 08 2024DISTRIBUTED for Conference of 4/12/2024.
- Mar 26 2024Rescheduled.
- Mar 25 2024DISTRIBUTED for Conference of 3/28/2024.
- Mar 20 2024Rescheduled.
- Mar 18 2024DISTRIBUTED for Conference of 3/22/2024.
- Mar 13 2024Rescheduled.
- Feb 21 2024DISTRIBUTED for Conference of 3/15/2024.
- Feb 20 2024Reply of petitioners Jane Doe 1, et al. filed. (Distributed)
- Feb 05 2024Brief of respondent Kentucky in opposition filed.
- Feb 02 2024Brief amicus curiae of Alabama filed. VIDED.
- Dec 15 2023Motion to extend the time to file a response is granted and the time is further extended to and including February 5, 2024.
- Dec 14 2023Petition for writ of certiorari dismissed under Rule 46 only as to petitioners John Doe 3, Jane Doe 3, and Jane Minor Doe 3.
- Dec 13 2023Motion to extend the time to file a response from January 10, 2024 to February 5, 2024, submitted to The Clerk.
- Dec 11 2023Brief amicus curiae of TransParent filed.
- Dec 11 2023Brief amici curiae of American Academy of Pediatrics and Additional National and State Medical and Mental Health Organizations filed.
- Dec 11 2023Stipulation to dismiss the petition under Rule 46.1 as to petitioners John Doe 3, Jane Doe 3, and Jane Minor Doe 3 only filed.
- Dec 04 2023Brief amici curiae of Elliot Page, et al. filed. VIDED.
- Nov 17 2023Brief amici curiae of Foreign Non-Profit Organizations Advocating for the Rights of Transgender People filed. VIDED.
- Nov 14 2023Motion to extend the time to file a response is granted and the time is extended to and including January 10, 2024.
- Nov 13 2023Motion to extend the time to file a response from December 11, 2023 to January 10, 2024, submitted to The Clerk.
- Nov 03 2023Petition for a writ of certiorari filed. (Response due December 11, 2023)